Today a federal district court in South Carolina will hear arguments from attorneys for South Carolina Mark Sanford that litigation over whether the state legislature can force the acceptance of federal stimulus money over the Governor’s objection should occur in federal court. Two other lawsuits have already been filed against Governor in state court seeking to force him to accept the money. These suits would be put on hold in state court if the federal court agrees to hear the case.
Why does Governor Sanford want this case to be heard in federal court? One reason is that the litigation turns on an application of federal law, specifically the stimulus bill. Under the stimulus, the Governor argues, the Governor has the authority to accept or reject funds. As the Governor argues in one of his briefs to the court:
the central legal issue in these three cases is whether the General Assembly may use a state law to transfer Governor Sanford